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Pakistan Army Act, 1952

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Pakistan Army Act, 1952
Parliament of Pakistan
Enacted byParliament of Pakistan

Pakistan Army Act, 1952 is an act, passed by the Parliament of Pakistan in 1952.[1] It is the primary statute governing the affairs of Pakistan Army.[2][3]

History

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Established in 1952, the Pakistan Army Act regulates the legal code within the military, mainly for prosecuting military personnel and associated civilians.[1] An amendment in 1966, during Ayub Khan's tenure, extended its application to civilians, specifically those charged with inciting mutiny or accused of disseminating classified information and assaulting military infrastructure.[1]

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Legal proceedings under this Act occur in the Field General Court Martial, under the Judge Advocate General (JAG) branch's aegis.[1] Both the court's president and the prosecuting counsel are serving military officers.[1] Defendants possess the right to legal representation, with provisions for military officers to fill this role if necessary. Convicted individuals can appeal to an army court within forty days.[1]

If dissatisfaction persists after the army court of appeal's verdict, further appeals to high courts are permissible.[1] Depending on the offence's severity, penalties range from two years of imprisonment to life sentences, with capital punishment also a possible outcome.[1]

Amendments

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The act was amended in 2015 under the Pakistan Army (Amendment) Act, 2015. The bill was approved by National Assembly of Pakistan on 6 January 2015.[4] This amendment allowed the establishment of special military courts to try the civilians suspected of terrorism. The courts established under this amendment had a moratorium of two years thus setting an end date of January 2017. Furthermore, Pakistan Army Act, 1952 (PAA) was added to the First Schedule of the Constitution through Twenty-first Amendment to the Constitution of Pakistan making it exempt from voidance under the premise of being against fundamental rights.[5] The establishment of military courts under this amendment was challenged in the Supreme Court of Pakistan but a full court bench of seventeen judges upheld the amendment by an 11 to 6 decision.[6]

Amendment Bill 2023

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Trials history

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On 10 April 2017, Indian spy Kulbhushan Jadhav was sentenced to death by Field General Court Martial under section 59 of the act.[7]

Under Imran Khan's Prime Ministership from August 2018 to April 2022, more than 20 civilian trials transpired under this Act according to available accounts.[1] Notably, human rights activist Idris Khattak received a 14-year sentence in 2021 for espionage allegations.[1]

See also

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References

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  1. ^ a b c d e f g h i j Hussain, Abid. "Pakistan's controversial Army Act: What is it, how does it work?". Al Jazeera.
  2. ^ "Pakistan Army Act", Punjab Judicial Academy, retrieved 3 January 2020
  3. ^ Jha 2016.
  4. ^ "21st Constitutional Amendment links religion with terrorism: JUI-F chief | The Express Tribune". 6 January 2015.
  5. ^ "Are military courts the answer?". www.thenews.com.pk.
  6. ^ "Supreme Court upholds establishment of military courts". The Express Tribune. 4 August 2015.
  7. ^ "Indian 'spy' Kulbhushan Jadhav sentenced to death in Pakistan". The Economic Times. April 10, 2017.

Bibliography

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